Child Injury Lawyer Blog

By Sara Powell, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Phoenix, Arizona and other States, parents rely on day care centers to provide a safe and clean environment while the parents are at work. The day care center has a duty to provide consistent supervision so that the children are kept safe and free from dangers and hazards. Unfortunately, some day care centers put a child at risk for personal injuries when the supervision is lacking. It is vital that day care centers have policies, procedures, and safeguards in place to prevent children from wandering out of the facility. In Phoenix, Arizona, it was reported by the local news that a child wandered away from a day care center. Fortunately, the child did not suffer any serious personal injuries and was returned safely to the day care center and ultimately to the child's family. While there were no injuries reported, the risks were still there and actions should be taken by this facility to prevent future incidents of this nature. See Toddler Wanders from Daycare Center in Phoenix, Arizona.

It is a challenge to be a parent. There are challenges to finding the right day care center, finding the right babysitter, helping children with their homework, getting the child to right doctor, etc. . . It is even more challenging for a parent when a child suffers a personal injury as a result of the fault or negligence of another person, school, day care center, motorist, or other entity. The book titled - The ABCs of Child Injury - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Medical Treatment / Medical Bills, Damages / Compensation, Sports Injuries, and other topics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania, the first civil lawsuit has been filed against Jerry Sandusky, Penn State, and the charity founded by former Coach Jerry Sandusky. The victim, who is now 29 years old, alleged that Jerry Sandusky sexually abused him more than 100 times. It is anticipated that other lawsuits will follow by other victims of Jerry Sandusky. In an attempt to use public relations, Jerry Sandusky has given some interviews to major news outlets. He has admitted to "horsing around" and to "showers" with or near the boys. Mr. Sandusky's judgment was certainly poor and it appears that he continued his bad behavior or poor judgment for years without any appreciable intervention by the police, Penn State University, or any of his superiors at the college. It will be interesting to see what evidence is developed through the lawsuit as well as the criminal investigation that is currently pending. In light of the criminal investigation and the multiple reports from different victims / witnesses of Jerry Sandusky's bad acts, it is difficult to comprehend Sandusky's ongoing denial of any criminal or abusive conduct. Of course, Sandusky will be entitled to a criminal defense in the prosecution(s) against him. The case will result in a dismissal, plea deal, or trial. Since there appears to be plenty of evidence against him, it is unlikely that there will be a dismissal of the criminal charges. As such, the case will either be tried in front of a jury or will result in a plea deal. As for the civil case, there will be a settlement, trial, or court order establishing the case or throwing it out. Time will tell how all of these cases turn out. Hopefully, the truth will shine through and justice will prevail. See Sandusky Sued for Abuse in Pennsylvania.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Nebraska and other States, parents rely on day care centers, babysitters, and schools to supervise their children and keep them safe. Unfortunately, in some instances, these child care providers neglect children under their care and cause serious personal injuries to children and sometimes even death. In Nebraska, a babysitter was sentenced to a prison term of up to 4 years. Pamela Johnson pleaded no contest to the charges of intentional child abuse and first degree assault on a child. Law enforcement officials and prosecutors pursued the case based on evidence that showed that the child victim had injuries consistent with Shaken Baby Syndrome. See Nebraska Babysitter Sentenced in Child Abuse Case.

Shaken Baby Syndrome is a serious condition that is caused essentially when a person shakes a baby and thereby causes brain injury to the child. When supervising, babysitting, monitoring, and / or disciplining a child, it a vital that the caregiver NEVER EVER shake the child. First, it is not an effective way to discipline a child. More importantly, it can and does cause permanent and serious personal injuries to the child.
See also Parents of Shaken Baby Syndrome - Mission to Increase Penalties for Unlicensed Day Care Centers and for Violation of Day Care Center Regulations in Washington State and Omaha Nebraska Day Care Provider Charged with Child Abuse - Shaken Baby Syndrome.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Jordan Everhart, a 21 year old Idaho man, was arrested on a felony injury to a child charge. Everhart was accused of physically abusing and 18 month old child. Everhart was babysitting his girlfriend's child when the toddler was rushed to St. Lukes Regional Hospital. A rescue team rushed to the child's home, after they received a call regarding an unconscious child. Paramedics assessed the child and determined the injuries were consistent with head trauma. The child underwent surgery, however she did not survive.

There are several risk factors for child abuse, these include, parental drug and alcohol abuse, domestic violence, lack of parenting skills, mental illness, lack of parenting supports and stress. It is important to be able to recognize these risks factors and report any suspected abuse or neglect to the police or social welfare office for the State where the incident toook placer There are several agencies and programs that are available to help families that are at rick for child abuse. For more information see, Idaho Toddler Dies as a Result of Physical Abuse According to Medical Examiner.]

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Many child safety advocates, child rights advocates, and parents are against the use of corporal punishment. Some, however, firmly believe in the use of corporal punishment. Beyond the emotional harm that results from any instance of corporal punishment, many children suffer from serious personal injuries and, in some instances, death from excessive or extreme corporal punishment. At times, parents, caregivers, teachers, babysitters, and / or others go too far to "prove a point" or to "show the child who is the boss." Corporal Punishment is an issue that is dealt with in school policies and procedures, magazines, newspapers, and, yes, in some child rearing books. Just because a book covers a topic or advocates a certain position or action does not make the book authoritative or good advice. The book titled - "To Train Up a Child" provides parents and caregivers techniques to impose corporal punishment. The book is a "how to" book in a way that can be quite dangerous to a child. When the imposition of corporal punishment is given priority to the health and safety of the child, serious personal injuries and death can and do result. There are plenty of methods and theories of child discipline that do not involve the imposition of corporal punishment. This is especially true in schools and day care centers - many of which outlaw or ban the use of corporal punishment. If there is any threat to the health, safety, and welfare of a discipline method, parents and caregivers should reconsider their actions. See Book Advocating Extreme Discipline May Be Connected to Deaths of Adopted Children.

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Ohio and other States, children continue to be the unfortunate victims of abuse and neglect at the hands of their parents, family friends, relatives, babysitters, teachers, and / or day care providers. Often times, a caregiver will present a child to an emergency room or a pediatrician and invent a story regarding how the injuries took place. When the history provided does not match the suspected mechanism of injury, state officials should be contacted to further investigate the injuries. The safety and best interests of the child are paramount to any other concerns or issues. Furthermore, a child, who is residing in a potentially abusive or neglected environment, should be removed and cared for in a safe and secure living situation.

In Ohio, it was reported that a Germantown man plead guilty to a count of child endangerment. The child, who was 5 weeks old at the time of the incident, suffered a fractured leg. See Man Who Broke Child's Leg Received Prison Sentence.

By David M. Baum, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Hazing is an unfortunate act that still continues to take place in elementary schools, middle schools, high schools, and yes, even colleges and universities. In Quincy, Illinois, a hazing incident reportedly took place at Flinn Stadium by some Junior High / Middle School Students. The Quincy Report reported that the hazing incident involved student athletes who were the same gender and same age. Often times, students believe that an act is acceptable if it is a rite of passage. Hazing in any form should not be tolerated by school systems or law enforcement. Just because something has taken place in the past does not in any way give it legitimacy. Hazing is a crime - plain and simple. Of course, with any criminal prosecution, the case must be proven by prosecutors beyond a reasonable doubt and the intent of the criminal Defendant does play a role in the prosecution and defense of the case. The criminal Defendants are entitled to the services of a criminal defense attorney or the services of the local Public Defender's office. See Quincy Junior High Students Charged with Hazing in Illinois.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Massachusetts, a toddler enrolled in a day care center was found dead after being left alone in a day care center van for hours. It was quite a tragic scene and situation when the 13 month old toddler was found in the van parked in Dorchester, Massachusetts. After this most unfortunate and tragic incident, investigators and State regulators shut the day care center down. The van was marked with a sign - Gloria's Luna Family Day Care Center. See Child Found Dead in Massachusetts Day Care Center Van.

Children in day care centers are at risk for serious injury and death. In transporting children, it is important for day care centers and transportation companies to make sure that all children properly board the bus and all children properly depart the bus. A simple checklist and due diligence on the part of the day care center drivers and staff members can help avoid tragedies like the one that took place in Dorchester, Massachusetts. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Damages / Compensation, and other matters. In the Day Care Center Chapter, there is information on Day Care Center Transportation.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Pennsylvania and other States, there are day care center workers who unfortunately use the day care center as a location to abuse and neglect children under their care. IN Allegheny County, Pennsylvania, Matthew Keith Byars (age 26) has been accused and charged with crimes in multiple instances of abuse and neglect of children. It was reported that Byars previously worked at Tender Care Learning Center in Pennsylvania.
In particular, he was charged with the Pennsylvania crimes of unlawful contact with a minor, sexual abuse, solicitation, and indecent exposure.

In investigating and pursuing the criminal case, prosecutors gathered evidence including videos and photos from the Defendant's computer and camera. Sexual predators and child molesters often times keep evidence and memorabilia of their crimes. This, in turn, when obtained by law enforcement and prosecutors, can help secure a conviction for the crimes against children. For more information on this story - see Pennsylvania Prosecutors File More Charges Against Day Care Worker.

By Scott Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A South Los Angeles day care center operator was arrested and charged with sexually molesting her 13 year old god son. Chelsea McClelland was found having sex with her god son, in a van parked near the Santa Monica freeway. The South Los Angeles day care operator pleaded no contest to two counts of lewd act on a minor. She was sentenced to three years in prison and ordered to register a a sex offender. See Day Care Center Operator Sentenced to Prison Term in Child Care Molestation Case.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center.

When a child is injured, abused, or neglected in a California Day Care Center, there are often more question than questions for the parent doing his or her best to deal with the situation. Day care centers should be safe havens of education of a child - not a place where is child is injured or is in fear. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can receive a free book at Child Injury Book - Free Book for Parents Looking for Information.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Nampa, Idaho man, 84, pled guilty to felony child molestation of a minor. Gilbert Tobis, husband to a Nampa day care operator in Canyon County, Idaho confessed to touching three girls in a sexual way. This guilty plea was made in exchange for dropping two other counts of lewd conduct with a minor. The maximum penalty for this crime is life in prison.

All child care workers should receive a criminal background check. This should include not only a state search but on that includes all 50 states. This may not be mandated by all state agencies, but it is your right as a parent to ask about criminal background checks.

Sexual abuse and molestation can occur in day care settings. Make sure you research your child's day care center focus on the rules and regulations. You can research if any reports of abuse or neglect have been lodge against your child's day care center. Check with your state regulating agency. In the State of Idaho the regulating agency is the Department of Health & Welfare Bureau of Family & Community Services. For more information on this topic see, Idaho Man Admits to Charge that he Sexually Molested Girl at Day Care Center.

By J. Rock Palermo, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A former Baker, Louisiana day care worker was arrested and charged with the murder of a 2 month old infant. The Baker police arrested, Ashley Rene Reifer after an autopsy revealed that 2 month old Brody Hopper died as a result of traumatic brain injury. Brody Hopper was in the care of Reifer at the Busy Bee Learning Center when this incident happened.

The Baker Police Department was dispatched to the Louisiana day care center when the child's father noticed that the child was not responding. The infant was transported to Lane Regional Medical Center in Zachary located in East Baton Rouge Louisiana where he was pronounced Dead.

According to the officials who conducted the autopsy, the 2 month old presented with multiple brain hemorrhages. There was no visible trauma to the child's skull of other areas of the body.

Riefer's attorney believes that the grand jury investigation is a "one -sided affair". He is confident that his client will be acquitted of all charges. In criminal cases, a defendant is entitled to defend himself or herself against the criminal charges through the services of a Louisiana criminal defense attorney or the services of the public defender's office. Cases involving Shaken Baby Syndrome or Traumatic Brain Injury often involve medical evidence and testimony as to the timing and mechanism of the injury.

Shaken Baby Syndrome also known as Traumatic Brain Injury is caused by direct blows to an infants head. This can happen when a infant is dropped, thrown or shaken. The leading cause of death in child abuse case in the United Stated is head injuries.

Shaken baby syndrome is preventable. Reducing the stress level of infant caregivers is key to preventing this type of child abuse. Day care centers should be licensed and insured. All day care centers should provide education and support to employees. Each state has its own regulations as to the caregiver per infant ratio. As a parent, you should request proof of a valid day care license. For more information on this topic see, Former Day Care Worker Charged in Death of Child.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Linda Favazza, a day care center owner in Methuen, Massachusetts faced criminal charges due to the death of a child and having an unlicensed facility.

She was sentenced to 30 days in jail after being charged with reckless endangerment in the death of two-month-old Tyler Grealish at her day care center. While the cause of death is still unknown, Favazza laid the child in a crib with an adult pillow and on his side.

Favazza was also sentenced to three years probation because she had an unlicensed day care center for eight children. Furthermore, she violated a cease and desist order issued following Grealish’s death in 2008.

Parents must be careful when signing their children up for enrollment in a Massachusetts day care center. Parents should make sure the centers are licensed, as well as have proof that all staff members are trained properly in caring for children. Simply going inside and examining the day care center can give parents many of the answers they need when trying to chose an appropriate Massachusetts Day Care Center. Asking owners the right questions like, “Are your employees properly trained in taking care of children?” can also give parents some of the answers they are looking for.

For more information on this subject, see Methuen, Massachusetts Day Care Center Provider Sentenced to Jail Term - Investigation into Death of Child.

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Roberto Emilio Basilio and Ayinde Kadeen Woodley, both 18, and Anthony Jason Riddle and Jose Luis Sotero, both 17, were charged with battery, theft and robbery after they allegedly beat and robbed a thirteen-year-old boy at The Avenue Forsyth in Forsyth County, North Carolina. The boy was repeatedly punched and then was robbed of his Gucci backpack. The thirteen-year-old sustained cuts and abrasions in the assault, which required medical attention.

Captain Tim House with the sheriff's office said, “It sounds like a bunch of kids got together and for whatever reason, decided to make mayhem at the Avenue.”

Criminal defendants in Georgia are entitled to representation by a Georgia criminal defense attorney or the services of a public defender's office. Through a criminal investigation, evidence and statements are gathered and the case is pursued through trial and / or a plea agreement. In some cases, the charges are ultimately dismissed if the evidence is deemed insufficient to pursue the case further.

It is important for parents to be aware of the location and activities of their children. While this is difficult when dealing with teenagers, parents should repeatedly insist that their children call to let them know they are safe, regardless of the time.

Police should also increase their drive-by routine checks on certain areas at night. They should circle dangerous and suspicious areas more frequently than other areas. Increased patrolling may help lower the crime rate and keep kids safe.

For more information, see 4 accused of beating teen outside theater.

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

In Van Alstyne, Texas, a day care center owner was accused of putting drugs in the milk of the children for nap time. It was reported that Kimberly Lane - owner of the Texas Day Care Center - Luv N Learning Day Care - mixed an over the counter (OTC) medication - antihistamine - in the milk. The medications were reportedly crushed and then put in the "special milk". Fifteen children were enrolled in the Texas Day Care Center. The ages of the children in this child care center ranged from 20 months to over 4 years old. It was reported that other abuse / neglect also took place this Texas Day Care Center.

In Texas and other States, day care centers and their employees have a duty to provide each child with a safe and clean learning environment. Medications should not be given without the written consent of a parent and without a proper order from a licensed physician for prescription medications.

Drugging a child to make the child drowsy or sleepy is certainly not in the best interests of the child. It also can be dangerous as some children are allergic to many common medications. There is also a risks of overdose and health hazards when a child is given a medication without the knowledge and consent of the parent and the child's pediatrician. You can read more about this story at Texas Day Care Center Owner Accused of Drugging Children for Nap Time.

By Robert Chaiken, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

“Parents can never be too careful when it comes to leaving their child in the hands of any child care provider, whether it is a day care provider or a home care provider,” CPS spokeswoman Shari Pulliam said.

The Child Care Licensing Division of the Texas Department of Family and Protective Services, which sets and enforces minimum standards and rules to ensure the health and safety of the children, regulates both day care providers and home care providers.

Pulliam said that while unregulated child-care might be convenient and cheap, it is not the way to go. Unregulated day cares mean no inspections, no training, no enforcement of basic health and safety standards, and no records.

Furthermore, the director of Lufkin’s Comfort and Joy Preschool, Libby Wojasinski, said parents should know the difference between “listed, registered, and licensed child care providers” before choosing a day care center fit for their child.

Listed home and childcare centers for one to three unrelated children must submit an application and pass background checks. They are not inspected unless a report is filed claiming abuse or neglect.

Registered home and childcare providers for 12 children or more must meet training requirements and pass background checks. They are inspected every one to three years.

Larger licensed home and childcare centers must conduct orientation, regular training, and publish standards and inspections every five to 12 months.

The CPS website lists all Texas home and childcare provider information. Anyone can insert their zip code and research the day care center of their choice. When researching a day care center be sure to separate minor infractions from serious infractions. For instance, not having tweezers in a first aid kit might not be that much of a problem.

Wojasinski also recommends talking to other parents for information about childcare services. In addition, she says parents should walk in the actual day care centers, look around, and observe the atmosphere of the place. “Is it clean, organized, happy?” Are kids playing, interacting, and learning?

Last year, 1,800 reports of abuse or neglect were reported in the state of Texas alone. Out of these 1,800 reports, adverse action was taken in 524 cases. With so many childcare centers being reported for abuse or neglect, it is important for parents to research the childcare centers prior to sending their children there.

For more information, see CPS reminding parents to do their child care homework.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Weare Day Care Center, located in New Hampshire, is being investigated after reports of the owner belittling the children, using physical force against them, and swearing in front of them. Prior to this investigation, Country Kids Childcare was shut down following a visit from New Hampshire government inspectors. The State of New Hampshire was investigating a complaint that children were being mistreated, while also conducting a routine licensing renewal.

Under the state law of New Hampshire, childcare personnel are prohibited corporal punishment or yell at children. State officials report that they received a complaint that the owner, Lynn Crevoiserat, placed a child in a headlock and “dragged the child across the room to a timeout area while angrily yelling and screaming at the child.”

Following the complaint, investigators interviewed four staff members and three children. A five-year-old said she had seen Crevoiserat grab as many as three children by their arms and hands very tightly. An employee also said, with tears in her eyes, that she had seen red marks on the children in the areas where the owner had grabbed them. She also said she heard Crevoiserat use profanity in front of the children, specifically saying, "I'm so (expletive) mad at you right now, you don't even (expletive) know." Other children also told investigators about extended timeouts, some as long as 20 minutes.

Day care providers have a responsibility to supervise and monitor children in a supportive child care environment . Abuse, even in its lightest form, is intolerable. If other employees witness abuse of any kind, they have a duty to report it. Parents should continually ask their children about their days at childcare. In addition, they should keep a keen eye on the people who look after their children, looking for any signs of mistreatment or abuse.

For more information, see State Investigates Complaints At Weare Day Care: Owner Accused Of Using Force, Profanity.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

There are many factors that parents should consider when sending their children to a day care center. A website is located at www.txchildcaresearch.org. The website provides parents with valuable information regarding Texas day care centers and child care centers. It has information on day care centers located in cities and towns in the State of Texas. By typing in a city’s zip code or the center’s name, anyone can find the information they need about the particular day care center they are researching. Once on the site, a person can research inspections performed at any center and if the center was given any citations. Reports done by the inspectors are also available.
In addition to researching the center, Texas Chid Protective Services recommends touring the facility before choosing which day care to send your child. CPS also says that babysitters may have to be licensed depending on how many children are being cared for and if the child is related to the sitter or not.

Because of the economy and the family dynamic, many parents have no other choice but to engage the services of a day care center or child care center. While government regulations and inspections can help weed out dangerous or non-compliant day care centers, parents should always be diligent in pre-screening the day care center on their own and then continue their due diligence on a frequent basis while the child is enrolled in the day care center. A parent should try to visit the day care center at different times of the day and get to know each person providing care to the child in the Texas day care center.

For more information, see “CPS: Don’t Be In the Dark.”

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Quinetta Tubbs, owner of NaNa’s Day Care in Ohio, was charged with child endangering and obstructing official business after leaving a two-year-old Micah Davis at Clippard Park following a field trip. Tracy Davis, Micah’s mother, was informed of the incident by Tubbs. Thereafter, Tubbs asked the mother to lie to the police and tell the police that the child was at a birthday party. Tubbs was released on a $1,000 bond. Child and Family Services is investigating NaNa's Day Care, but the mother said she does not want to press charges.

Day care employees need to be more aware of the children under their guidance, care, and supervision. Children of all ages, including two-year-olds, can get separated from the group easily, especially when on a field trip.

Parents need to make sure their day care centers have precautions in place for when they travel outside of the facility. While there are several ways to keep a group together, one way is to have all of the wear the same T-shirt or same color T-shirt.

Secondly, they should follow single file, and hold hands. Children should be instructed to alert a teacher if the person who was once holding their hand is not holding it anymore. They should also be instructed to alert a teacher if they see someone wander off or if their friend goes missing. Small tasks such as these can make a big difference in keeping children safe on field trips or other outside facility trips.

Finally, and most importantly, a simple checklist that is reviewed and documented before and after each stop can prevent most incidents from taking place.

For more information, see Day Care Worker Accused Of Leaving Toddler At Park

By Will Brown, Attorney & David Wolf, Attorney
Published by Child Injury Lawyer Network

Alisha Schlagenhauser, a 27-year-old woman, was charged with assaulting an autistic child in Wildwater Kingdom in Aurora, Ohio. Witnesses said Schlagenhauser was drunk when she was seen yelling and hitting the child. She was also seen dragging him by his harness through the park so forcefully that she caused him injury.

Schlagenhauser was also caring for the child’s 7-year-old brother along with two other children when the alleged abuse occurred. Law enforcement officers interviewed Schlagenhauser who purportedly admitted to drinking tequila and beer at the water park. Cops also found marijuana and a pipe on Schlagenhauser. She is being charged with child endangering, drug possession, and assault.

It is important for parents to ensure their children are being cared for by responsible and trustworthy people. Parents must closely observe the behaviors and actions of the people they entrust to care for their children. If there is ever any sign of abuse or alcohol or drug related activities, parents should terminate the employment of these caretakers and find a more responsible person to care for and supervise their children.

For more information, see Drunk babysitter charged after assaulting four-year-old autistic boy at water park.